In my humble opinion The Office is the world’s #1 employment law training aid. All you have to do is (1) watch it and (2) do the exact opposite of everything you see.

To help enhance your viewing experience, each week I provide a critique of the action from an employment lawyer’s perspective. We also conduct a weekly “Are You Smarter Than a Lawyer?” Contest. Anyone who leaves a comment below identifying a legal issue that I missed will win a valuable prize.

Last Night’s Episode: Jury Duty

The Plot: Here’s NBC’sfficial description: ”Jim returns after being away for jury duty and a curious Dwight will not stop questioning him about the case; Angela and the Senator welcome their new baby.”

My Analysis:

1. Issue: Andy’s Stress Release
   Description: Andy forced the warehouse employees to stop working and clear out so that he could do a “stress-release dance” to the theme from Footloose. In addition to hurting productivity, Andy made a huge mess, imperiled worker safety (mostly his own), wasted company resources, made an inappropriate comment and committed a copyright violation that could have Kenny Loggins coming after the company.
   Risk: $$$$
2. Issue: Lies, Lies and More Lies
   Description: As we discussed in our most recent webinar, dishonesty is the #1 way to get fired fast. Jim lied about being on jury duty. Andy lied about Jim lying (and about no one ever lying to him before). The lies continued to pile up as they both engaged in an attempted cover-up. Dwight conducted an “investigation” that followed none of our patented Investigation Tips contained in our 2012 Employment Law Tool Box. The company should conduct an actual investigation with a real HR person and fire them both. In addition, Angela lied about her baby’s due date (and possibly, its paternity).
   Risk: $$$$
3. Issue: Don’t Touch
   Description: Andy gave Jim an over-the-top hug and strange handshake when Jim returned the the office. He later slapped Jim as punishment (after telling him that he was in “deep doo-doo”) for his jury duty lies. Touching employees is never a good idea (especially if you’re Andy).
   Risk: $$
4. Issue: Emotional Distress
   Description: Stanley, Phyllis, Darryl and others expressed that they suffered various levels of distress due to Jim’s prolonged absence. The value of their claims was diminished when they later encouraged Jim to leave work to care for his kids.
   Risk: $
5. Issue: Defamation
   Description:  Dwight made several defamatory comments about Jim (including calling him a “pervert”) and Toby (“the most forgettable man on the planet”). Dwight also made multiple public pronouncements proclaiming that he is the father of Angela’s baby, which may not be true. Virtually everyone who saw Angela’s baby made a disparaging comment about him.
   Risk: $$
6. Issue: Inappropriate Comments
   Description: Andy made comments about his and Jim’s posteriors. Stanley made a comment about Jim’s posterior. Kevin, Oscar, Ryan, Phyllis and Angela made inappropriate race/national origin-based comments. Gabe made a creepy comment about the maternity ward. Kevin called Erin “bimbo.” Erin called Kevin “himbo.” Kevin and Erin made potentially unlawful comments about obesity. Dwight made multiple inappropriate comments to Angela while contending that he’s the baby’s father.
   Risk: $$$
7. Issue: Gambling
   Description: Erin and others may have violated state anti-gambling laws by conducting a baby pool.
   Risk: $$
8. Issue: Dwight on NCIS?
   Description: Jim tricked Dwight into traveling across the country to perform as an extra on NCIS. Jim (and possibly the company) could be on the hook for travel and other expenses/damages.
   Risk: $$
9. Issue: Invasion of Privacy
   Description: Oscar, Kevin, Erin and Gabe charged into Angela’s hospital room with video cameras rolling, potentially creating invasion of privacy and other claims.
   Risk: $$
10. Issue: Drug References
    Description: Andy made Dwight take an imaginary “chill pill.” It seemed to work — temporarily. Angela made a reference to drugs at a “James Taylor concert.”
    Risk: $$
11. Issue: Corruption of Minors
    Description: Kevin bought Angela’s newborn a violent Call of Duty video game. Jim and Pam brought their kids into the office solely to make everyone feel sympathy for them. They made their daughter lie about artwork she didn’t create, which resulted in her sobbing uncontrollably.
    Risk: $$$
12. Issue: Breach of Confidentiality
    Description: Approximately 0.8 seconds after promising Angela he wouldn’t disclose that Angela’s baby was born out of wedlock, Oscar disclosed that information to Dwight who kept the secret for approximately 0.7 seconds.
    Risk: $$
13. Issue: Interference with Medical Care
    Description: Dwight attempted to interfere with the baby’s circumcision.
    Risk: $$
14. Issue: Fire Hazard
    Description: Dwight smoked a cigar in the workplace and then extinguished it in a highly unsafe manner. Andy observed Dwight’s actions but did nothing.
    Risk: $$$
15. Issue: Theft of Company Time
    Description: Once again, no employees did any discernible work.
    Risk: $$

You are hereby notified that you have a mandatory training session this evening.

At 9/8c, you are required to tune in to your local NBC affiliate and watch tonight’s NEW episode of The Office. Failure to do so could result in disciplinary action.

In my humble opinion, The Office is the world’s greatest employment law training aid. All you have to do is (1) watch it and (2) do the exact opposite of everything you see.

TONIGHT’S EPISODE: Jury Duty. Here’s NBC’s official description: “Jim returns after being away for jury duty and a curious Dwight will not stop questioning him about the case; Angela and the Senator welcome their new baby.” For more, click here.

OFFICIAL “ARE YOU SMARTER THAN A LAWYER?” CONTEST. Tune in tomorrow to see my detailed analysis of the episode and exactly what I would tell the company if I were its lawyer. Anyone who spots an employment law issue that I missed will win a valuable prize.

Enjoy!

In my humble opinion The Office is the world’s #1 employment law training aid. All you have to do is (1) watch it and (2) do the exact opposite of everything you see.

To help enhance your viewing experience, each week I provide a critique of the action from an employment lawyer’s perspective. We also conduct a weekly “Are You Smarter Than a Lawyer?” Contest. Anyone who leaves a comment below identifying a legal issue that I missed will win a valuable prize.

Last Night’s Episode: Pool Party

The Plot: Here’s NBC’sfficial description: ”Robert throws an office pool party at his mansion.”

My Analysis:

1. Issue: “Pool” and “Party” Don’t Belong in the Same Sentence
   Description: One employment lawyer I know has this simple rule: “Never ever let employees see each other in their swimsuits.” That’s great advice. Multiple employees made suggestive comments, engaged in inappropriate touching and ogled one another. Dwight shoved Erin into the pool and then dunked her. Several employees engaged in potentially dangerous chicken fights and other pool-area horseplay. Erin pulled Dwight’s hair (hard). Dwight nearly drowned. Darryl nearly emptied the pool by doing a potentially dangerous cannonball. The party concluded with the CEO, Ryan and Gabe skinny-dipping in full view of all the employees. Yikes.
   Risk: $$$$$
2. Issue: Fire the CEO Now
   Description: The CEO himself hosted the party at his soon-to-be-lost-in-a-divorce mansion, handed out loads of alcohol, made lots of lewd and lascivious comments, got naked in front of all his employees and then engaged in a strange after-hours dance party with Ryan and Gabe. On top of all that, his character is not the least bit funny. Fire him. Now.
   Risk: $$$$$$$
3. Issue: Fire Ryan and Gabe Now
   Description: Ryan has already been fired once (and jailed) for multiple counts of fraud and SEC violations. Gabe has routinely engaged in terminable offenses (including his suggestion in this episode that he and his co-workers watch a rather inappropriate movie together). They both appear to be 100% incompetent at their jobs. Their decision to join the CEO in his public display of nudity should be the last straw. Fire them both. Now.
   Risk: $$$$$
4. Issue: Harassment
   Description:  Based on the actions described above (and many others during the episode), virtually every employee could file harassment claims and win. In addition, Erin continued stalking Andy (this time by encouraging Dwight to harass her to make Andy jealous). Dwight acquiesced to Erin’s request but took it waaaaaay too far. Darryl continued stalking Val. Kathy (Pam’s replacement) continued stalking Jim.
   Risk: $$$$$
5. Issue: You Booze You Lose
   Description: The CEO clearly “over-served” several employees. The company could well be on the hook for any injuries sustained by them or others both during and after the party.
   Risk: $$$$$
6. Issue: Discriminatory Tour
   Description: The CEO gave only the male employees a tour of his mansion, which included a free (and very expensive) bottle of wine. Along the way, he made multiple egregious comments about multiple protected classes.
   Risk: $$$
7. Issue: Property Theft/Damage
   Description: Stanley moved Andy’s pants without permission, resulting in the (temporary) loss of his engagement ring. Kelly attempted to abscond with the ring and then she and Phyllis set fire to it in an attempt to rid it of a “curse.” Jim ran over the CEO’s mailbox on his way out of the party.
   Risk: $$
8. Issue: Meatballs Under False Pretenses
   Description: In the days leading up to the party, Jim repeatedly loaded Dwight’s desk with meatballs in a practical joke spurred on by Stanley. Later, Dwight and Stanley revealed that the whole thing was a hoax intended to trick Jim into giving them free meat. Jim could potentially sue them for fraud/misrepresentation/conspiracy and they could potentially sue Jim if either of them gets sick due to his not-all-that-sanitary-looking lumps of meat.
   Risk: $$
9. Issue: Theft of Company Time
   Description: Once again, no employees did any discernible work.
   Risk: $$
10. Issue: Other Inappropriate Comments
    Description: Meredith made terrible comments about the CEO and Erin. Erin made terrible comments about Andy and his girlfriend. Andy made terrible comments about himself. Kevin made terrible comments about Darryl. Dwight and Andy made terrible comments about Erin. In fact, virtually everyone made at least one terrible comment of some sort.
    Risk: $$$$

You are hereby notified that you have a mandatory training session this evening.

At 9/8c, you are required to tune in to your local NBC affiliate and watch tonight’s NEW episode of The Office. Failure to do so could result in disciplinary action.

In my humble opinion, The Office is the world’s greatest employment law training aid. All you have to do is (1) watch it and (2) do the exact opposite of everything you see.

TONIGHT’S EPISODE: Pool Party. Here’s NBC’s official description: “After Robert decides to sell his mansion following his divorce, Kevin convinces him to have an office pool party; Erin tries to make Andy jealous.” For more, click here.

OFFICIAL “ARE YOU SMARTER THAN A LAWYER?” CONTEST. Tune in tomorrow to see my detailed analysis of the episode and exactly what I would tell the company if I were its lawyer. Anyone who spots an employment law issue that I missed will win a valuable prize.

Enjoy!

In my humble opinion The Office is the world’s #1 employment law training aid. All you have to do is (1) watch it and (2) do the exact opposite of everything you see.

To help enhance your viewing experience, each week I provide a critique of the action from an employment lawyer’s perspective. We also conduct a weekly “Are You Smarter Than a Lawyer?” Contest. Anyone who leaves a comment below identifying a legal issue that I missed will win a valuable prize.

Last Night’s Episode: Trivia

The Plot: Here’s NBC’s official description: ”Andy tries to find a way to double the office sales.”

My Analysis:

1. Issue: Silence is Golden …
   Description: The staff began the episode with the best approach to reducing liability I’ve ever seen on the show: they all remained absolutely silent for several minutes. Unfortunately, it didn’t last.
   
2. Issue: …  Unless It Actually Increases Liability
   Description: The “silent streak” resulted in missed calls (which could trigger breach of contract claims by clients), ignorance of a dangerous animal on company premises (a lunch-scarfing racoon) and failure to treat an apparently injured Erin.
   Risk: $$$
3. Issue: Inappropriate Paper Uses
   Description:  In a staff meeting, Andy sanctioned several potentially unlawful uses of paper, including ransom notes, anonymous threats, love letters and potentially hazardous paper airplanes.
   Risk: $$
4. Issue: Financial Fraud
   Description: Andy attempted to engage the entire office in an arguably fraudulent “paper buy-back” schemed designed to artificially inflate quarter-end profits. Along the way, he tried to coerce Oscar into “cooking the books.”
   Risk: $$$$$
5. Issue: Please Don’t Promote Dwight
   Description: Dwight violently/aggressively pursued/stalked upper management in an attempt to get a job at corporate. Among other things, he made a variety of ninja-like combat moves that potentially endangered his co-workers. The CEO, COO and Gabe engaged in misrepresentation in an attempt to avoid Dwight. Dwight abducted Gabe and then invaded the CEO’s home, which resulted in bizarro (and potentially unlawful) wrestling, riddles and conversations culminating in the CEO both refusing to promote Dwight but also promising to consider him for other opportunities.
   Risk: $$
6. Issue: Triviacolypse
   Description: Andy ordered the entire staff to leave work early and traverse to Philadelphia for a trivia contest in an attempt to win the money to offset the quarter’s shortfall.
   Risk: $$$
7. Issue: Theft of Company Time
   Description: Once again, virtually no employees did any discernible work.
   Risk: $$
8. Issue: Cell Phone Addiction
   Description: Ryan displayed signs of severe cell phone addiction. While this is not a recognized disability as of yet, recent findings by the World Health Organization and others could make this a reality in the near future.
   Risk: $
9. Issue: Other Inappropriate Comments
   Description: Dwight likened Gabe to a squirrel. Gabe likened himself to a toilet. Dwight likened himself to fecal matter. Andy and others belittled the mental acuity of Kevin, Meredith, Erin and Kelly. Andy made an ill-advised drug reference. Other employees made potentially unlawful comments about race, gender, obesity, sexual orientation and virtually every other protected class.
   Risk: $$

You are hereby notified that you have a mandatory training session this evening.

At 9/8c, you are required to tune in to your local NBC affiliate and watch tonight’s NEW episode of The Office. Failure to do so could result in disciplinary action.

In my humble opinion, The Office is the world’s greatest employment law training aid. All you have to do is (1) watch it and (2) do the exact opposite of everything you see.

TONIGHT’S EPISODE: Trivia. Here’s NBC’s official description: “Andy desperately searches for a way to follow through with his goal of doubling office sales; Dwight visits Sabre headquarters for an opportunity.” For more, click here.

OFFICIAL “ARE YOU SMARTER THAN A LAWYER?” CONTEST. Tune in tomorrow to see my detailed analysis of the episode and exactly what I would tell the company if I were its lawyer. Anyone who spots an employment law issue that I missed will win a valuable prize.

Enjoy!

In my humble opinion The Office is the world’s #1 employment law training aid. All you have to do is (1) watch it and (2) do the exact opposite of everything you see.

To help enhance your viewing experience, each week I provide a critique of the action from an employment lawyer’s perspective. We also conduct a weekly “Are You Smarter Than a Lawyer?” Contest. Anyone who leaves a comment below identifying a legal issue that I missed will win a valuable prize.

Last night was a double header:

Episode #1: Doomsday

The Plot: Here’s NBC’s official description: ”Trying to boost productivity, Dwight creates a doomsday device that could get the entire staff fired.”

My Analysis:

1. Issue: National Origin Discrimination
   Description: Andy began the episode with an awful Italian accent, which could potentially be used as evidence of national origin discrimination by those of Italian descent. Dwight’s statement about “fearing immigrants” could also trigger potential liability given his powerful (at least in his eyes) position as #2 in the office.
   Risk: $$$
2. Issue: Closing Time
   Description: Andy’s attempt to create an “end-of-the-workday tradition” created loads of potential claims. By playing the Semisonic song “Closing Time” at the end of 105 consecutive workdays, he committed 105 potential copyright/licensing violations. The song also triggered multiple obscene dance moves/gestures (especially from Andy and Meredith), inappropriate touching (of Meredith, Phyllis and others by Andy) and interference with business (by Andy of just about everyone in the office).
   Risk: $$$
3. Issue: Dwight’s Dream
   Description: Dwight’s recounting of a rather strange dream (would he have any other kind?) included a disparaging statement implying that women are a second-place gender.
   Risk: $$
4. Issue: Kevin’s Not Smart
   Description: Kevin’s co-workers (especially Andy, Angela and Oscar) continue to make disparaging comments about his perceived lack of mental acuity, which could lead to potential ADA claims.
   Risk: $$$
5. Issue: Oscar’s Lawsuit #2
   Description: Andy made an inappropriate comment about Oscar that could add to Oscar’s second (he already filed one and won) sexual orientation discrimination lawsuit.
   Risk: $$$
6. Issue: Lack of Controls
   Description: The office’s utter lack of accounting (and virtually any other) controls could lead to fraud and over-billing claims by customers, wage and hour claims by employees, breach of fiduciary issues, data privacy violations and many others.
   Risk: $$$$$
7. Issue: Dwight’s “Accountability Booster”
   Description: Dwight’s review of his co-workers’ emails and installation of a “doomsday” accountability device on the system (with Andy’s permission) violated the company’s IT policy. Oscar sent a fake order over the system. Multiple employees (again, with Andy’s permission) attempted to hack into the system to override Dwight’s device. Jim accessed the CEO’s email (once again, with Andy’s permission) and deleted several messages. Jim smashed the CEO’s company-issued phone.
   Risk: $$$$$
8. Issue: Emotional Distress/Ear Damage
   Description: Dwight’s device triggered severe emotional distress in virtual every employee in the office when they realized that it could quickly lead to their termination for incompetence. Kelly’s and Erin’s screaming appeared to damage several nearby ear drums, which could result in potential workers’ comp claims.
   Risk: $$$
9. Issue: How Not to Do Safety Training
   Description: Darryl’s and Gabe’s disdain/mocking of the warehouse safety training could result in massive liability if anyone gets injured. Darryl admitted that he typically signs the safety training acknolwedgement without actually conducting the training. Also, Gabe made various disparaging (and potentially discriminatory) comments during the training, including a joke about Darryl’s weight.  
   Risk: $$$$$
10. Issue: Send Gabe Back to Corporate
    Description: Now that he has finally stopped stalking Erin, Gabe found a new target for his affections: new employee Val. Within seconds of meeting her, Gabe demanded that HR “Professional” Toby “get the paperwork rolling on a new workplace relationship” despite the fact that they had only exchanged pleasantries thus far. Gabe made lots of inappropriate comments to Toby about the relationship but Toby did nothing. The fact that Gabe is perceived as “the voice of corporate” could lead to increased liability.
    Risk: $$$$
11. Issue: Defamation
    Description: Various employees wrote highly slanderous emails about the CEO.
    Risk: $$
12. Issue: Workplace Violence
    Description: Kelly encouraged her co-workers to kill the CEO. Kevin had to be stopped from clonking Dwight on the head with an iron skillet. Management did nothing about either incident.
    Risk: $$$$
13. Issue: Insubordination
    Description: Meredith flipped Andy off. Dwight repeatedly refused Andy’s orders to shut off the accountability booster.
    Risk: $$$
14. Issue: Other Inappropriate Comments
    Description: When asked to explain where paper comes from, Kevin made an obscene comment. Andy made a potentially discriminatory pregnancy-related comment about Pam. Stanley repeated his offensive (and unfunny) catch phrase from prior weeks yet again.
    Risk: $$
15. Issue: Theft of Company Time/More WC
    Description: While the doomsday device resulted in some employees doing some actual work, they still managed to find lots of ways to waste time. Dwight left work to bury a dead horse. Several other employees departed to join him. The CEO indicated that he would reward Andy for improved office efficiency with inane conversations using “funny voices.” Darryl and Val left work to get coffee. The CEO and Jim played squash on company time. In addition to time theft, some of the off-site activities could result in workers’ comp (and other) claims, particularly the grave-digging by Dwight and others as well as the squash-related floor burns sustained by Jim.
    Risk: $$

Episode #2: Mrs. California

The Plot: Here’s NBC’s official description: ”Robert California tries to find his wife a job at the office.”

My Analysis:

1. Issue: Dwight’s Standing Desk
   Description: Dwight appeared to be suffering potential worker’s compensation-type discomfort resulting from his new standing desk. Dwight also made potentially offensive comments praising those who stand versus those who don’t/cannot (including an ill-advised comment about FDR).
   Risk: $$$
2. Issue: Defamation (And Other Inappropriate Comments)
   Description: Dwight publicly announced that Jim’s hair is “really thinning.” Because that claim appears to be false, Jim could have a potential claim. Dwight also falsely accused his co-workers of being in a “suicide cult.” Ryan made a rather inflammatory comment about the boss’ wife. Andy referred to the receptionist position as a “classic one-man job.” Dwight called sales the second easiest job next to “being a mom.” Dwight and the CEO’s wife exchanged semi-flirtatious comments about sales, animals, beer and wine. Andy made a reference to Phyllis’ room-clearing sounds produced by gastrointestinal discomfort. Phyllis made an obscene comment about her home gym. Darryl lied to Dwight about LeBron James’ real name. Creed and Jim exchanged rather disturbing comments that could lead to a “perceived as” disabled claim on Creed’s behalf. Dwight made misguided and false statements about Darryl and Val Kilmer.
   Risk: $$$$
3. Issue: Theft/Workplace Violence
   Description: Jim stole Dwight’s wallet, threw his money on the ground and then shoved Dwight to the ground. Dwight could make several civil and potentially criminal claims, including theft, violation of the company’s workplace violence policy and assualt with willful and wanton intent.
   Risk: $$$
4. Issue: Why Nepotism Is Never a Good Idea
   Description:  When his wife wasn’t in the office, the CEO ordered Andy not to hire her. But then after she arrived, the CEO pretended to order Andy to hire her. A confused Andy hired her but then tried to get her to quit by ordering his employees to mistreat her. In doing so, he alternated between violating the company’s nepotism policy and creating a wrongful termination suit for the CEO’s wife. The angry CEO made various threats to Andy, called him inappropriate names and instructed him to lie and engage in unethical behavior (including staging a phony conversation with his grandmother). Erin attempted to cause the CEO’s wife emotional distress by giving her a tiny stapler. The CEO, Andy and Jim repeatedly lied to the CEO’s wife about the CEO’s true intentions. The CEO’s wife made inappropriate comments about the initiation of her relationship with the CEO and then flirted with Andy and asked him out (sort of) on a date.
   Risk: $$$$
5. Issue: Ryan’s Foundation
   Description:  Ryan violated the company’s non-solicitation policy by actively seeking to recruit his co-workers to donate to his “Dream for a Wish Foundation.” His threats to run all other similar foundations “out of business” could potentially constitute unfair competition and/or violate various antitrust regulations.
   Risk: $$$
6. Issue: “Dwight Schrute’s Gym for Muscles”
   Description: Dwight’s “gym” — filled with rather outdated/bizarro/dangerous equipment including a “gravel bucket squat yoke” — no doubt violated multiple safety regulations. His membership contract appeared to be a fraudulent attempt to trick his co-workers into doing work for him without knowing it. In trying to recruit Darryl to join, he made several inappropriate disability/race-based comments. Darryl also made inappropriate race/sexual-orientation-based comments. Dwight’s “pay what you weigh” promotion also violated the non-solicitation policy. Dwight did a variety of dangerous and ill-advised workout moves and stretches that prompted inappropriate comments from himself and Gabe. Dwight’s refusal to spot Darryl was dangerous and appeared to cause him emotional distress.
   Risk: $$$
7. Issue: Workplace Safety
   Description: In addition to Dwight’s gym, Jim left his car running with the door open in the parking lot and then attempted to make a highly dangerous rooftop escape from the CEO. The CEO and Dwight both yanked on Jim’s leg while he was on a ladder.
   Risk: $$
8. Issue: Harassment
   Description: The CEO’s wife made romantic advances toward both Dwight and Andy. Darryl admitted he is actively pursuing his subordinate, Val.
   Risk: $$
9. Issue: Theft of Company Time
   Description: Most of the employees spent the episode being mean to the CEO’s wife, gushing over baby photos, etc. rather than working. The CEO wasted company resources by ordering security to chase Jim. Creed flew a remote control helicopter on company time and company premises.
   Risk: $$

You are hereby notified that you have a mandatory training session this evening. At 9/8c and 10/9c, you are required to tune in to your local NBC affiliate and watch a double header of The Office. Failure to do so could result in disciplinary action.

In my humble opinion, The Office is the world’s greatest employment law training aid. All you have to do is (1) watch it and (2) do the exact opposite of everything you see.

EPISODE #1: Doomsday (New). Here’s NBC’s official description: “Trying to boost productivity, Dwight creates a doomsday device that could get the entire staff fired.” 

EPISODE #2: Mrs. California (New). Here’s NBC’s official description: “Robert California brings his wife into the office and tries to find a position in which she can work; Dwight opens up a gym inside the building.”

For more, click here.

OFFICIAL “ARE YOU SMARTER THAN A LAWYER?” CONTEST. Tune in tomorrow to see my detailed analysis of the both episodes and exactly what I would tell the company if I were its lawyer. Anyone who spots an employment law issue that I missed will win a valuable prize.

Enjoy!

In my humble opinion The Office is the world’s #1 employment law training aid. All you have to do is (1) watch it and (2) do the exact opposite of everything you see.

To help enhance your viewing experience, each week I provide a critique of the action from an employment lawyer’s perspective. We also conduct a weekly “Are You Smarter Than a Lawyer?” Contest. Anyone who leaves a comment below identifying a legal issue that I missed will win a valuable prize.

Last Night’s Episode: Pam’s Replacement

The Plot: Here’s NBC’s official description: ”Dwight tries to prove that Jim finds Pam’s temp attractive; Robert California asks to join Andy, Darryl and Kevin’s band.”

My Analysis:

1. Issue: Misrepresentation
   Description: Lying in the workplace is never a good idea. Andy began the episode by ordering Erin to interrupt a meeting with a client by pretending that Andy had received a “very important phone call.” The not-all-that-bright Erin did as she was told (sort of), announcing that she had just received a call indicating that Andy’s mother was dead. Predictably, that lie led to several others and the situation spiraled out of control. Both the client and others in the office appeared to be suffering from emotional distress (under false pretenses). Among the lies was Andy telling the client that his mother’s last words were, “Make sure that your client gets the best deal possible.” Erin enlisted the help of others in the deception, including Dwight and Darryl. If the client signs a deal under these circumstances, it could lead to fraudulent inducement, conspiracy and potentially other claims. Darryl strongly objected to Andy’s course of action, which could trigger potential whistle-blower charges. In addition, multiple employees made false statements related to Pam’s pregnant condition (see below).
   Risk: $$$$
2. Issue: Pregnancy Discrimination
   Description: Pam openly complained about being “treated differently” due to her pregnancy. It will be virtually impossible for the company to prove otherwise. Nearly every employee made an inappropriate comment unfavorably comparing Pam to her replacement, including comments praising the replacement for being “fit,” “young,” “energetic” and “hot.” There were also inappropriate comments about Pam’s condition generally, her pregnancy-related flatulence, unfair comparisons to a pregnant Helen Mirren, etc. Multiple employees (including her manager) rubbed her belly. Dwight said: “I never touch a pregnant woman.” Pregnancy discrimination is very much on the EEOC’s radar. Click here for a variety of press releases announcing big-ticket pregnancy discrimination settlements in the past year.
   Risk: $$$$$
3. Issue: Age Discrimination
   Description: The “young” comment noted above, plus Dwight calling an elderly person “old man” and referring to his “nineteenth-century kindergarten” could add to Creed’s (and others’) already-well-supported age claims.
   Risk: $$$
4. Issue: Harassment
   Description:  Several employees ogled, made advances and/or made inappropriate comments about Pam’s replacement. Andy made inappropriate sexual comments to Darryl. Even Pam made an inappropriate “fries with that shake” comment. Gabe made inappropriate comments about drugs, girlfriends and other not-so-nice stuff. Kevin made an obscene comment after a co-worker attempted to compliment (sort of) his drum playing. Andy said that tambourines “are for girls.” Dwight uttered approximately 87 inappropriate comments and grabbed Jim (several times) in an unmentionable manner.
   Risk: $$$$
5. Issue: Lunch Theft
   Description: Andy absconded (temporarily) with Darryl’s lunch.
   Risk: $
6. Issue: National Origin Discrimination
   Description: Dwight made an inappropriate reference to a “Soviet-era Russian.”
   Risk: $$
7. Issue: Defamation/Disability Discrimination
   Description: Dwight publicly called Jim a liar multiple times and announced his intention to “destroy the man himself.” Pam referred to Dwight and his ideas as “crazy” and “nuts” (which in addition to defamation, could trigger a “perceived-as” mental disability claim).
   Risk: $$$
8. Issue: Workplace Safety
   Description: Dwight intentionally engaged in an unsafe fake stumble that could have injured others.
   Risk: $$
9. Issue: Theft of Company Time
   Description: The CEO, Andy and Darryl (all members of management) spent most of the episode jamming in the warehouse on company time as part of a makeshift band entitled “Kevin and the Zits.”  Dwight and Pam spent virtually the entire episode attempting to prove that Jim was lying about his lack of feelings for Pam’s replacement (including a field trip to a local pharmacy). Several other employees (most notably Kelly) assisted in that effort.
   Risk: $$
10. Issue: Emotional Distress
    Description: In addition to the individuals listed under “Misrepresentation,” several employees exhibited signs of emotional distress, including Pam (based on all the pregnancy-related issues noted above) and her replacement (after Pam yelled at her without provocation). The original members of Kevin and the Zits (Kevin, Darryl and Andy) seemed deeply depressed after the CEO and his friends took over the band. Dwight’s age-ist (and other) comments and refusal to share the blood-pressure machine with the elderly gentlemen also could trigger an ED claim.
    Risk: $$$
11. Issue: Ear Damage
    Description: Kevin and the Zits caused potential ear damage to multiple employees, which could trigger WC claims.
    Risk: $$
12. Issue: Copyright Violation
    Description: The original Zits performed a Peter Frampton song (and others) without first obtaining the appropriate license.
    Risk: $$

You are hereby notified that you have a mandatory training session this evening. At 9/8c, you are required to tune in to your local NBC affiliate and watch tonight’s episode of The Office. Failure to do so could result in disciplinary action.

In my humble opinion, The Office is the world’s greatest employment law training aid. All you have to do is (1) watch it and (2) do the exact opposite of everything you see.

TONIGHT’S EPISODE: Pam’s Replacement (Repeat). Here’s NBC’s official description: “When Pam takes maternity leave, she has Dwight try to prove that Jim finds her temp attractive; Robert California asks to join Andy, Darryl and Kevin’s band.” For more, click here.

OFFICIAL “ARE YOU SMARTER THAN A LAWYER?” CONTEST. Tune in tomorrow to see my detailed analysis of the episode and exactly what I would tell the company if I were its lawyer. Anyone who spots an employment law issue that I missed will win a valuable prize.

Enjoy!